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NY M85061

July 26, 2006

CLA-2-62:RR:NC:N3:360 M85061


TARIFF NO.: 6211.43.0091; 6110.30.3059

Mr. Joe Hoffacker
Barthco Trade Consultants
The Navy Yard
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of women’s upper body garments from Vietnam

Dear Mr. Hoffacker:

In your letter dated July 11, 2006, you requested a classification ruling on behalf of Supreme International. The submitted samples will be returned to you as requested.

Style J70931 is a woman’s upper body garment constructed from 100 percent polyester woven fabric. The garment features short sleeves, a deep V-neckline secured by a plastic loop and an elasticized waist.

Style E70239 is a woman’s pullover constructed from 100 percent polyester knit fabric. The garment is rectangular in shape and covers the body from the shoulders, including the upper arms, to mid-thigh. The garment features a V-neckline and is elasticized at the center front and back. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed.

The applicable subheading for style J70931 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The duty rate will be 16 percent ad valorem.

The applicable subheading for style E70239 will be 6110.30.3059, Harmonized tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: women’s or girls’: other. The duty rate will be 32 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style J70931 falls within textile category designation 659 and style E70239 falls within textile category designation 639. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 646-733-3051.


Robert B. Swierupski

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